Basic principles of monitoring
2. UNDeRTAKING A VISIT
visited (participation of a medical doctor is often useful) gender balance
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the size of the visiting team (generally between two and eight persons)
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identifying a team leader
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the division of tasks between team members and ensuring each person understands their specific
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responsibilities during the course of the visit.
In 2007, the National Human Rights Commission of Korea monitored six detention centres and two juvenile detention centres. The visits were undertaken by monitoring teams that included a Commissioner, medical doctors, lawyers, NGO representatives and investigators from the Commission.
1.4.3. Collecting available information
Before a visit, the visiting team should seek to compile and review all available information about the particular place of detention, such as:
reports from other organizations
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media reports
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the number and type of complaints received by the NHRI or other complaint handling bodies (the
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absence of complaints can also be revealing).
It is important to make sure that all team members share and review this information before undertaking the visit.
1.4.4. establishing prior contacts
Before the visit, the NHRI should consider contacting other groups or individuals who have information to share about the particular place of detention, such as NGOs, family members of detainees, lawyers and those released from detention.
The NHRI may also choose to announce a visit in advance. While NHRIs are mandated to carry out unannounced visits to places of detention, there are some situations where announcing a visit in advance may be beneficial (for example, to ensure the presence of the prison governor).
2. UNDeRTAKING A VISIT
In order to properly evaluate the conditions of detention and the treatment of detainees, NHRIs need to cross-check different sources of information (a process known as “triangulation”), including:
information from the authorities and other sources
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information from persons deprived of their liberty
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the observations of the visiting team.
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2.1. Conducting the visit
A preventive visit to a place of detention should contain the following steps:
an initial talk with the person in charge of the facility
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a tour of the premises
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88 | Chapter 8: Monitoring places of detention consultation of registers
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interviews with detainees in private
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a final talk with the person in charge.
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2.1.1. Initial talk with the person in charge
The visit usually begins with an initial talk with the person in charge of the facility, or if s/he is not present, the person next in charge.
This discussion is an important first step in establishing a constructive dialogue with the authorities and also provides an opportunity to:
introduce the mandate of the NHRI and the visiting team
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explain the objectives of the visit
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explain the working method for the visit, in particular the need to hold interviews in private with
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selected detainees
explain how information collected during the visit will be used
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ask for recent and specific information
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ask the person in charge of the facility for their opinion about the challenges they encounter in
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their work and possible solutions.
2.1.2. Tour of the premises
After the initial talk, the visiting team should undertake a tour of the premises. A short introductory tour of the entire facility helps to provide a sense of the overall design and layout of the centre, as well as the location of different facilities used by the detainees. It also enables the visiting team to gain a first impression of the atmosphere of the place.
Following the general tour, the visiting team can break into smaller groups to more thoroughly inspect specific areas of the centre, such as the kitchen, the infirmary, disciplinary cells, dormitories and sanitary facilities.
2.1.3. Consultation of registers
One or more members of the team should consult the registers and other documents held on file. This consultation is best done at the beginning of the visit, as information obtained from the registers can be verified, if necessary, during the course of the visit and during interviews with detainees. There are a number of different registers kept in places of detention but, in the context of preventing torture and ill-treatment, registers of incidents and registers of disciplinary measures are of particular importance.
Other documents – such as internal rules, staff lists and working schedules – are also important and provide an understanding of how the centre functions.
WATCH
Go to the Preventing Torture CD-Rom to watch a role play that highlights good practice approaches when holding an initial conversation with the person in charge of a place of detention prior to conducting a preventive visit.
Click on ‘Feature materials’ and then select ‘Item 12 – Role play: Initial conversation with person in charge of a place of detention’.
Part II Preventing torture: NHRIs in action | Section III Acting as a control mechanism
Chapter 8: Monitoring places of detention | 89
2.1.4. Interviewing detainees
The most important part of any visit is the time spent talking in private with detainees and hearing directly about their treatment and their experience of the conditions in detention.
The interview process is a delicate exercise which aims to establish a relationship of trust between the interviewer and the detainee (see chapter 5 for more information on preparing for and conducting interviews).
The visiting team, and not the authorities, must select the detainees who will be interviewed. Ideally, in order to have a representative sample of detainees in the centre, a significant number of interviews should be conducted (for example, ten per cent of all detainees).
The visiting team may decide to select a random sample of detainees based on the register (for example, every tenth person listed). Alternatively, the team might decide to select a representative sample of detainees based on previous information or a specific situation (for example, recently-arrived detainees or detainees held under disciplinary sanctions).
A combination of both random and critical selection helps ensure that an appropriate cross-section of detainees are interviewed and can contribute information to the preventive monitoring process. The visiting team should make sure that they do not speak only with those detainees who seek to make contact with them.
ensuring the confidentiality of the interview is essential. The interview should be held out of hearing, and preferably out of sight, of staff and other detainees. The choice of location for the interview is also crucial, both for confidentiality and to build trust. Any location that would equate the visitor with detention centre staff, such as administrative offices, should be avoided.
Conducting individual interviews can be a time-consuming process. In order to optimize the time available to the visiting team, it may be useful to hold a combination of individual interviews and group discussions with detainees.
Group discussions enable the visiting team to have contact with more detainees and are useful to hear about common concerns, get a sense of the mood or culture within the place and identify individual detainees to interview in private. However, as there is no confidentiality, group interviews exclude the possibility of discussing more sensitive issues. It is important to ensure that there is no disclosure during group discussions of any information that may pose a risk of harm to an individual.
2.1.5. Discussions with staff
In addition to talking with the person in charge of the facility, it is also important for the visiting team to speak with different members of staff. Although it might be difficult to carry out interviews in private, in particular with security staff, the visiting delegation should try to talk with a representative selection of staff. Other staff, members, such as medical doctors and social workers, should also be interviewed.
Staff members can all contribute very important information. They can raise issues for further investigation, as well as contribute their own suggestions or opinions about problems within the place. Talking with staff is also important in order to cross-check information or allegations received from other sources.
Finally, any opportunity during the visit to engage in conversation with staff and detainees, including informal talks, should be taken.
2.1.6. Final talk with the person in charge
It is important to formally end the visit with a talk with the person in charge of the facility. This should be arranged beforehand and the visiting team should set aside some time to debrief and share their findings prior to this meeting. The aim of the final talk is to provide a summary of facts found and specific issues identified. Urgent cases should be raised immediately, although it may be wise to address very serious
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cases directly to more senior officials. The final talk should also mention the steps that will follow the visit, including the preparation of a written report of the visit which will be sent to the relevant authorities.
The Ombudsman of Peru (Defensoría del Pueblo) conducts regular, unannounced visits to the 1,000 police stations and 84 prisons in the country. Some police stations, such as those in areas with a high crime rate and where many complaints were received, are visited more frequently than others. These visits are sometimes carried out at night or on the weekend. In addition, the Ombudsman may also carry out visits to military bases, mental health institutions and centres of administrative detention.